Whoever, being an officer or other person charged by any Act of Congress with the safe-keeping of the public moneys, loans, uses, or converts to his own use, or deposits in any bank, including any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or exchanges for other funds, except as specially allowed by law, any portion of the public moneys intrusted to him for safe-keeping, is guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and shall be fined under this title or in a sum equal to the amount of money so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
June 25, 1948, ch. 645 62 Stat. 727 Pub. L. 101–647, title XXV, § 2597(d)104 Stat. 4909 Pub. L. 103–322, title XXXIII, § 330016(1)(H)108 Stat. 2147 Pub. L. 104–294, title VI, § 606(a)110 Stat. 3511 (, ; , , ; , (2)(G), , , 2148; , , .)
Historical and Revision Notes
Mar. 4, 1909, ch. 321, § 89 35 Stat. 1105 Based on title 18, U.S.C., 1940 ed., § 175 (, ).
Mandatory punishment provision was rephrased in the alternative.
The smaller punishment for an offense involving $100 or less was inserted. (See reviser’s notes under sections 641 and 645 of this title.)
Minor changes in phraseology were made.
Editorial Notes
References in Text
section 3101 of Title 12Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to , Banks and Banking.
Amendments
Pub. L. 104–2941996— substituted “$1,000” for “$100”.
Pub. L. 103–322, § 330016(2)(G)1994—, substituted “shall be fined under this title or in a sum equal to the amount of money so embezzled, whichever is greater, or imprisoned” for “shall be fined in a sum equal to the amount of money so embezzled or imprisoned”.
Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” after “he shall be”.
Pub. L. 101–6471990— inserted “, including any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978),” after “or deposits in any bank”.